This manual summarizes information school administrators need regarding
student employment certificates. The manual should be useful for school
administrators who organize the district's employment certification program,
for those who issue certificates, and for others in the school whose functions
relate to the employment of minors. The employee and the employer are protected
by proper certification procedures and, therefore, school officials should
continue to manage effective and efficient programs for issuing employment
certificates.

The manual describes the school district's responsibilities and authority
to issue employment certificates, the employer's responsibilities, the forms
school districts must use, the requirements for certificates and permits,
and the types of certificates and permits schools are required to issue.

School districts in New York State are responsible for issuing employment
certificates to qualified applicants. Section 3215-a of the Education Law
requires schools to provide this service for pupils and employers in the
community. School superintendents have the authority to designate principals
or other school officials to act as certificating officials and nonpublic schools and BOCES may issue such certificates to their own students.

Publicity

Minors (under age 18) require employment certificates for most jobs,
and schools should adequately publicize this fact in each community so that
it is well understood by both minors and employers. The schools can inform
the public about this service through the local newspapers, spot announcements
on radio or TV stations, talks with community clubs and organizations and
through the school district newsletter. In school, pupils can be informed
about the procedures for obtaining employment certificates in assemblies,
in homeroom or classroom instructional units, on bulletin boards, or through
the school newsletter.

Provision for Issuing

The process of issuing employment certificates should be easy and convenient.
School districts must ensure this service is provided to minors
during vacation periods. It is not necessary to have the office open every
day, especially in the smaller districts. Regular hours may be established
if desired. However, the employment certificating officer should be available
several times a week on a basis convenient to minors.

All public schools are REQUIRED to serve ALL QUALIFIED youth who desire to have working papers i.e. pre-teens, teens, private school students, parochial school students, charter school students, BOCES Students, children legally not attending school, residents of your school district, residents of neighboring communities, residents of neighboring States, residents of neighboring or foreign countries. Nonpublic and BOCES MAY issue employment papers to their own students. While foreign students are not required to have INS permission to receive working papers, that are issued by the schools of New York State, they will be required to provide their prospective employer with such documentation.

Employers are responsible for ensuring that the minor presenting working
papers is indeed the minor named on the working paper and that the minor
is legally employed. Most jobs and legal hours are defined in various labor
laws. Employers should be familiar with these requirements.

All certificates must be kept on file at the place of employment for
as long as the minor is employed by a particular employer. Certificates
should be returned to the minor when employment ceases.

All permits must be carried by the minor while he is working. Farm Work
Permits must also be signed by the employer.

The employer, not the school, is responsible for determining whether
or not the minor has working papers and is working at a job legal for his
age. The New York State labor Department, however, is responsible for enforcing
this law.

All forms used in the employment certification program must be supplied
by the individual schools. These forms may be purchased, or printed locally
if facilities are available. The following is a list of forms used in employment
certification:

AT-7 Annual Report of Employment Certificate Issued

AT-16 Physical Fitness Certification

AT-17 Application for Employment Certificate

AT-18 Student Non-Factory Employment Certificate

AT-19 Student General Employment Certificate

AT-20 Full-Time Employment Certificate

AT-21 Limited Employment Certificate

AT-22 Application for Employment Permit

AT-23 Newspaper Carrier Permit

AT-24 Farm Work Permit

AT-25 Farm Work Permit - Special

AT-26 Street Trade Permit

In order to ensure continuity, and comply with laws and
regulation, all schools must use the same forms. Occasionally,
applicants return completed forms directly to the State Education
Department. To avoid unnecessary delay, school officers who
issue forms should instruct applicants to return the completed
forms to the schools office where they obtained them.

An employment certificate or permit should be issued to any qualified
applicant who is between twelve and eighteen years of age. Employment
certificates and permits are not required once an individual reaches
18 years of age. Minors may apply for certificates where they live,
where they go to school, or where they are to be employed. The
applicant does not need to have a job, nor does the school need
to know by whom the applicant is to be employed. Schools are required
to issue these certificates, however, the New York State Labor Department
is responsible for enforcing the laws. Schools may not judge the legality
of employment. When employment is obviously illegal, schools have
a moral responsibility to inform the minor and the employer. For these reasons,
the need for employment certificates and the responsibility of
employers should be well publicized. The employer must ensure that the minors
they employ hold the appropriate certificate and are employed legally.

Minors must apply for an employment certificate or permit on a form
prescribed by the Commissioner of Education. Before issuing a
certificate or permit the applicant must present the following:

Evidence of Age - This must be a birth certificate
or a duly certificate transcript of a record of baptism giving
the date of birth. A passport showing the date of birth is
acceptable as is any evidence on school records which has been
in existence for two years or more. An affidavit of age is
not acceptable.

Parental Signature - The parent or guardian must
sign all applications for an employment certificate or permit.
The minor is responsible for securing this signature. When the
application is for the first certificate for full-time work,
the parent must appear personally at the school or issuing center
to sign the application, unless the minor is a high school graduate.

Certificate of Physical Fitness - The applicant must
present a certificate of physical fitness from a school or private
physician. The school district must provide the physical examination
if the applicant so requests. The annual school examination,
the examination given for sports, or any other complete physical examination
is acceptable for employment purposes. In any case, the physical
examination must have been given within twelve (12) months prior
to the issuance of the employment certificate or permit. EXCEPTION:
A physical fitness certificate is not required for the issuance
of a Newspaper Carrier Permit if the applicant is qualified to
participate in the school's physical education program. If the applicant
is not qualified to so participate, a physician's permission is required.

Pledge of Employment - The Pledge of Employment, which
appears only on the Application for Employment Certificate (not
on the Application for Employment Permit), must be completed only (a)
for a minor with a medical limitation and (b) for a minor 16 years of
age who is leaving school, prior to high school graduation, and who resides
in a district (New York City and Buffal0) which requires a minor
under 17 years of age, who is not employed, to attend school.

School Record - On the Application
for Employment Certificate, the Schooling Record must be completed
only for minors residing in New York City or Buffalo.

Applications

There are only TWO applications used in the entire employment certification
program: the Application for Employment Certificate, and the Application
for Employment Permit. All certificates and permits are issued
following the completion of one or the other of the applications. The forms
meet all requirements of the law. Information which the certificating officer
and the applicant need to complete the application is printed on
the forms. The applications are easy to complete and are self-explanatory.

All applications should be kept on file for any reference necessary concerning
the minor's employment or certificate. The Physical Fitness Certificate
also should be kept on file.

There are three types of employment certificates, all of which are applied
for on Form AT-17 (Application for Employment Certificate).

Non-factory Employment Certificate - This certificate
is issued to all qualified applicant who are attending school
and are from 14 to 16 years of age. It is valid for part-time
work when school is in session, and for full-time work during
vacation periods.

Student General Employment Certificate - This
certificate is issued to all qualified applicants who are
attending school and are from 16 to 18 years of age. it
is valid for part-time work when school is in session, and
for full-time working during vacation periods. It is valid
for factory work.

Full-Time Employment Certificate - This certificate
is issued to a minor who is leaving school, or has graduated
from high school. Applicants must be from 16 to 18 years
of age. The certificate may be issued to a minor under age
16, if the applicant is a high school graduate. In that
case, however, it is not valid for factory employment.

All employment certificates are valid for a period of two years.
When a minor holding a non-factory certificate reaches age 16, he or
she may apply for the Student General Certificate. In this case, a
new application and physical examination are required. The physical
examination is not required if the minor's most recent physical fitness
certificate has been issued within twelve months of the application
date.

Minors holding the Student General Certificate who apply for the Full-time
Certificate must also present a new application and certificate of physical
fitness.

All certificates must be signed by the minor in the presence of the
issuing official, at the time the certificate is issued. Employment
certificates are not valid during the hours school is in session, except
for the full-time certificate.

Employment Permits

Employment certificates are valid for many types of employment. Permits
are issued for a specific occupation. Generally, employment is illegal
for minors under 14 years of age. The exceptions to this are for minors
employed as newspaper carriers, or employed with a special farm
work permit.

Newspaper Carrier Permit - This permit is issued
to minors from 11 to 18 years of age to engage in the occupation
of delivering, or selling and delivering newspapers, shopping
papers, and periodicals.

Farm Work Permit - This permit is issued to
minors from 14 to 16 years of age for farm employment. The
permit is valid only when signed by the employer. A permit
is not required for the employment of a minor over 16 years
of age in farm service.

Farm Work Permit - Special - This permit may
be issued to a 12 year old minor for the hand harvest of
berries, fruits, and vegetables. The minor must be accompanied
by his parent or guardian, or the employee must have the
written consent of the parent or guardian. Employers must
sign the permit.

Street Trade Permits - This permit is issued
to minors from 14 to 18 years of age to engage in street
trade occupations such as selling newspapers or periodicals,
or for work as a bootblack.

The Newspaper Carrier Permit is valid indefinitely. All other permits are valid for a period
of two years from the date of issuance.

All permits must be signed by the minor
in the presence of the issuing officer, at the time the certificate
is issued.

All permits must be carried by the minor while working.

Limited Employment Certificates

Any employment certificate may be limited by the examining physician
if the minor has a physical defect. If the physician finds a physical
defect which could be affected by a minor's employment, the minor must secure
a job before the certificate can be issued. The pledge of employment must
be completed on the application and signed by the employer. A
Limited Employment Certificate is valid for a period of six months.

Duplicate Certificates

Some minors hold two jobs at the same time. This is perfectly legal.
In this case, a second certificate must be issued for the second employment.
It should be stamped "duplicate".

Duplicates also may be issued when a minor loses his or her certificate
or permit, or it is not returned by an employer. Minors should be instructed
to obtain their certificate from the employer when they leave a job to begin
another.

Age Certificate

Occasionally an employer may question a minor's age as stated on employment
papers, or as stated by the minor. In such cases, employers may request
a certificate of age from the school. Such requests are so infrequent that
a special form has not been developed for this purpose. A certificate of
age is merely a statement on the school letterhead certifying a minor's
age. This statement should be mailed to employers who request one.

Child Performer and Model Permits

Schools do not have the authority to issue permits for this purpose.
All applicants for a Child Performer Permit
should be directed to:

Certificate Exceptions

No minor under 14 years of age may be employed in any capacity
except:

As a newspaper carrier, provided the applicant
is at least 11 years old;

As a farm worker employed, however, only in
the hand-harvest of berries, fruit, and vegetables, provided
the applicant is at least 12 years old;

As a worker on the minor's home farm or doing
other outdoor work not connected with a business for his or
her parents or guardians.

Employment certificates are not required for:

Caddying on a golf course, provided the minor
is at least 14 years of age;

Babysitting, provided the minor is at least
14 years of age;

Farm work, provided the minor is 16 years of age;

Minors working for their parents at outdoor
work not connected with a business

College students 16 or 17 years of age employed
by a nonprofit college, university, or faculty association;

Casual employment consisting of yard work and
household chores about the residence of a nonprofit, noncommercial
organization, not involving the use of power driven machinery,
provided the minor is at least 14 years of age.

The issuing school may revoke certificates and permits for appropriate
cause. For example, a school may revoke a certificate or permit
when employment interferes with required school attendance, or is affecting
a minor's progress in school. Also, certificates and permits can be revoked
if school officials discover that issuance of the working papers was based
on false information, or if employment is affecting the health and welfare
of a minor in other ways. In such instances, after due notice, schools can
revoke certificates and permits.